Since March, we have received several office’s opinions requesting supplementary materials for non-use cancellation applications. It is becoming increasingly evident that the CNIPA has raised the standards for evidence submitted by cancellation applicants.

You can refer to the article we published in early March for more details. In the article, CNIPA asked anyone wanting to cancel a trademark to provide:

1. Full details about the trademark owner;

2. Proof they checked the business address;

3. Online search results about the trademark from comprehensive or industry-specific online platforms.

However, in the recent office’s opinions, CNIPA has raised a higher level. Cancellation applicants are now being required to submit a commitment letter, affirming that the statements and materials provided are true, accurate, and complete, and that they have not concealed the true identity of the applicant or other relevant facts. Additionally, applicants must provide documentation showing a connection between the current cancellation case and a related trademark application or review of refusal.

As we know, non-use cancellation requests are typically filed for two reasons. The first is preemptive, where an applicant identifies a similar existing trademark during the filing stage that may serve as a potential citation in the future, leading to refusal. In this case, they may file a cancellation request to clear the way for their application. The second is reactive, where the applicant receives a refusal notification citing a conflicting mark that meets the conditions for non-use cancellation. In such situations, they file a cancellation to increase their odds in the review of refusal.

In practice, however, many applicants—especially corporate entities—are reluctant to directly challenge the registrant. Concerns about potential commercial retaliation or business relationships often lead them to file cancellations under another name, commonly under individuals. This was possible under the existing legal provision that "any person" can file a non-use cancellation request, regardless of whether they have a vested interest.

Now, CNIPA is cracking down on cancelation requests by fake ID. They're making people show their real ID when trying to cancel a trademark. Also, if there isn't a new trademark application or trademark review connected to it, CNIPA won't accept the cancellation request.

This is a big change in how CNIPA examines non-use cancellation requests. They want to stop people from misusing the system. Businesses and their agents need to be aware of this new rule and adjust their strategies accordingly.